Contracts are the glue that hold business together in this country. A handshake and a verbal agreement may work in some rare cases, but a written contract can delve into details that no friendly arrangement can cover. In fact, those little details can mean the difference between a smooth working relationship and total disaster.
In medieval times, the economy relied on apprenticeships to graduate craftsmen into the workforce. A master would agree to train an apprentice in exchange for low-wage labor for a few years to help the apprentice learn the trade. At the end of the period, the apprentice graduated and was considered a journeyman. To maintain control of the market, the master might want to prevent the journeyman he trained for years from practicing the craft within a certain area.
Contracts are the bedrock of business. They allow businesses to exchange goods and services. Contracts lay out reciprocal obligations, rules that govern the relationship, and timelines. Contracts, in short, are the lifeblood of business. Therefore, when a business breaches a contract, companies need methods with which to resolve the dispute. This post will go over the basics of what constitutes a breach of contract.
Noncompete clauses are used by employers and businesses to protect their investments former employees and business partners. The goal of noncompetes is to make it expensive for employees and business partners to leave a relationship, therefore, stifling the competition before it starts up. This post will go over the basics of defending against enforcement of noncompete clauses.
In Florida and across the country, we're inundated with advertisements. Drive down the road, and you'll see a billboard. Watch a video online, and you'll sit through an ad. Watch a sporting event, and you'll see a life's worth of commercials. We generally ignore them (though science tells us that they affect us nonetheless), but can advertisements be considered a contract in the legal sense?
When an employee leaves a job, the former employer may have that employee sign a non-competition agreement. This agreement could cover things like trade secrets or restricting the former employee from setting up shop in the same area doing the same type of work. For example, let's say a doctor works for one medical group for ten years. She decides to leave and so the firm asks her to sign a noncompete clause saying she won't start a practice or take clients with her.
Contracts are the very backbone of a business, both with negotiations within a company and a company's relationship with suppliers, customers and vendors. Without them, the business world would be in complete chaos. But what exactly constitutes a contract? Two things: offer and acceptance. One party must offer something and the other must accept it. This leads to an obvious question: how do you determine what acceptance is?
An upper-tier government spokesperson with the U.S. Department of Labor recently made some unveiled and telling comments regarding non-compete agreements, with her conveyance of those points being clearly presaged by signals communicated by the Obama administration earlier this year.
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